Terms of Service
Effective: Mar 1, 2023
1. Acceptance of Terms; Modifications.
These Terms of Service (the “Terms”) are a
binding legal agreement between you and A Place for SitTobi, Inc., a company
incorporated under the laws of Delaware with a registered office at 2325
Hurontario St, Mississauga, ON, L5A 4K4 (“SitTobi,” “we,” “us”
and “our”). The Terms govern your use of our software applications,
resources and services for pet owners and pet service providers to find each
other, communicate with each other, and arrange for the provision of pet care
services (collectively, our “SitTobi Service”). The Terms govern all use
of the SitTobi Service, whether you access it from our website at https://www.SitTobi.com
(or any localized version) (the “Site”), our mobile applications and
mobile websites, our Facebook application, our online or phone support
offerings, or any other access point we make available to you. Our Policies
applicable to your use of the SitTobi Service are incorporated by reference
into these Terms of Service. BY AGREEING TO THESE TERMS DURING THE ACCOUNT
SIGN-UP PROCESS OR ACCESSING OR USING THE SITTOBI SERVICE WITHOUT AN ACCOUNT,
YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT
ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SITTOBI
SERVICE.
You understand and agree that we may change the
Terms from time to time, and that any such changes will be effective (except as
otherwise described in Section 17.10 below) when we post the modified Terms on
the SitTobi Service, unless otherwise required by applicable law. Your
continued access and use of the SitTobi Service after we post the modified
Terms will constitute your consent to be bound by the modified Terms.
2. SitTobi Service.
2.1 Nature of the SitTobi Service. The SitTobi Service consists of a desktop Web
application, mobile applications, and other related tools, support and services
that pet owners (“Pet Owners”) and providers of pet-related services (“Service
Providers”) can use to find, communicate with and interact with each other.
The SitTobi Service includes our emergency support services, educational
materials for Service Providers, and other services. We charge fees for some
aspects of the SitTobi Service, as described below in Section 9.
2.2 SitTobi does not provide Pet Care Services.. SitTobi is a neutral venue for Service Providers
and Pet Owners. SitTobi is not a Service Provider and, except for emergency
phone support and other resources and support specifically described in the SitTobi
Service, does not provide pet care services. We make no representations or
warranties about the quality of boarding, pet sitting, dog walking, house
sitting, or other services provided by Service Providers (“Pet Care Services”),
or about your interactions and dealings with users. Service Providers listed on
SitTobi are not under the direction or control of SitTobi, and Service
Providers determine in their own discretion how to provide Pet Care Services.
Though we provide general guidance on our Site to Service Providers about
safety and pet care and to Pet Owners about selecting and engaging Service
Providers, SitTobi does not employ, recommend or endorse Service Providers or
Pet Owners, and, to the maximum extent permitted by applicable law, we will not
be responsible or liable for the performance or conduct of Service Providers or
Pet Owners, whether online or offline. We conduct an initial review of Service
Provider profiles and we facilitate Background Checks or Identification
Verifications (each as described in Section 10, below) on Service Providers conducted
by a third party, but, except where explicitly specified in the SitTobi Service
(and then only to the extent specified), do not otherwise screen Service
Providers or Pet Owners. You should exercise caution and use your independent
judgment before engaging a Service Provider, providing Pet Care Services, or
otherwise interacting with users via the SitTobi Service. Pet Owners and
Service Providers are solely responsible for making decisions that are in the
best interests of themselves and their pets. For example, each user of the SitTobi
Service is responsible for keeping current his or her own pet’s vaccinations,
and we will have no liability for anyone’s failure to vaccinate his or her pet.
2.3 Release. Subject
to Section 16 below, SitTobi has no liability for any claims, injuries, loss,
harm and/or damages arising from and/or in any way related to your interactions
or dealings with other users and the acts and/or omissions of Service Providers
and Pet Owners, whether online or offline. You acknowledge and agree that, to
the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION
OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. (Any financial
obligations SitTobi may have to its users in connection with user conduct are
limited to the reimbursement obligations set forth in the SitTobi Guarantee.)
2.4 Transactions are between Pet Owners and Service
Providers. The SitTobi Service may be used to
find and offer Pet Care Services and to facilitate payment, but all
transactions conducted via the SitTobi Service are between Pet Owners and
Service Providers. Except for the limited refunds and “Reservation Protection”
specified in Section 9.6 and the SitTobi Guarantee, you agree that SitTobi has
no liability for damages associated with Pet Care Services (which may include
bodily injury to, or death of, a pet) or resulting from any other transactions
between users of the SitTobi Service.
2.5 Bookings.
Pet Owners and Service Providers transact with each other on the SitTobi
Service when they both agree to a “booking” that specifies the fees, time
period, cancellation policy, and other terms for provision of Pet Care Services
via the booking mechanism provided on the SitTobi Service (a “Booking”). A
Booking may be initiated by either a Service Provider or a Pet Owner by
selecting the type(s) of Pet Care Services to be provided and then following
the prompts that appear on-screen. If you are a Pet Owner and you initiate a
Booking, you agree to pay for the Pet Care Services described in the Booking
when you click “Request & Pay.” If you are a Pet Owner and a Service
Provider initiates a Booking, you agree to pay for the Pet Care Services
described in the Booking when you click “Pay Now.” All requests are subject to
acceptance by the receiving party. The receiving party is not obligated to
accept your (or any) request and may, at their discretion, decline for any
reason. You acknowledge that, once you complete a Booking, you agree to honor
the price and other terms of that Booking, as acknowledged in the Booking
confirmation.
2.6 Pet Owners are Solely Responsible for
Evaluating Service Providers.
Pet Owners are solely responsible for evaluating the suitability of Service Providers
for the services they offer to provide. Please visit the Contact
Page for guidance about making informed decisions about
engaging Service Providers. Though SitTobi performs a limited review of Service
Provider profiles and facilitates Service Provider Background Checks or
Identity Verifications conducted by a third party, any such screening is
limited, and SitTobi does not warrant that any such screen is accurate,
complete, conclusive or up-to-date. Similarly, SitTobi does not endorse reviews
of Service Providers by other Pet Owners that may be available via the SitTobi
Service, and SitTobi makes no commitments that such reviews are accurate or
legitimate.
2.7 Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and
fail to retrieve their pet after the service period identified in a Booking
agree that SitTobi (or the Service Provider) may, in its (or his or her) sole
discretion, place the pet in foster care, transfer care to animal control or
other law enforcement authorities, or find other alternate care. Pet Owner
agrees to reimburse SitTobi and/or the Service Provider for all costs and
expenses associated with such actions. Further, SitTobi expressly reserves the
right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s
care should SitTobi deem it necessary for the safety of a pet, the Service
Provider, or any persons living with the Service Provider. Prior to removing a
pet from the care of a Service Provider, SitTobi will use reasonable efforts
during its normal business hours to contact the Pet Owner and/or the Pet
Owner’s emergency contact (if provided) to arrange alternative care. Should SitTobi
not be able to contact the Pet Owner or the emergency contact, SitTobi will use
its best judgment to find alternative care for the pet until the Pet Owner is
able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s
veterinarian(s) to release your pet’s veterinary records to SitTobi in
connection with any such relocation or re-homing of your pet. In addition, you
are responsible for and agree to pay all costs and expenses incurred by SitTobi
in connection with such transfer.
2.8 Emergencies.
We recommend that Pet Owners give their Service Providers contact information
where they can be reached in the event medical care for a pet becomes
necessary. Service Providers agree to immediately contact Pet Owners in the
event such care becomes necessary or, if the Pet Owner is not available, to
contact SitTobi at the applicable telephone number or email address listed in
the table at the end of these Terms. If you are a Pet Owner, you hereby
authorize your Service Provider and SitTobi to obtain and authorize the
provision of veterinary care for your pet if you cannot be reached to authorize
care yourself in an emergency situation. In such case, you also authorize your
pet’s veterinarian(s) to release your pet’s veterinary records to SitTobi. If
your Service Provider reaches you with a request to authorize medical care for
your pet and you refuse, you release the Service Provider and SitTobi for any
injury, damage or liability arising from failure to seek such care, including
from reimbursement that may otherwise have been available under the SitTobi
Guarantee. Pet Owners are responsible for the costs of any such medical
treatment for pets and, if you are a Pet Owner, you hereby authorize SitTobi to
charge your credit card or other payment method for such costs. In certain
circumstances, a Pet Owner may be eligible for reimbursement under the SitTobi
Guarantee. SitTobi recommends that all users have adequate pet insurance to
cover the costs of veterinary care.
2.9 Consultation Services. SitTobi may offer Pet Owners and Service
Providers phone, chat, or email veterinary consultation services from a third
party to provide an educational resource for decisions you make about your own
pets or pets in your care. These consultation services are provided by a third
party, and are not a part of the SitTobi Service. If you use these third party
consultation services, you should use them only in conjunction with, and not as
a substitute for, professional veterinary care. You agree to resort solely to
the applicable third party consultation service in the event of any claims
arising from their services.
2.10 Google Maps.
Use of the SitTobi Service requires use of Google Maps features and content,
which are subject to the current (1) Google Maps/Google Earth Additional Terms
of Service at https://maps.google.com/help/terms_maps.html (including the
Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/);
and (2) Google Privacy Policy at https://www.google.com/policies/privacy/
(collectively, the "Google Terms"). By using the SitTobi Service, you
acknowledge and agree to the Google Terms as they apply to you (e.g., as an
"End User"). Any unauthorized use of the Google Maps features and
content may result in your suspension or termination from the SitTobi Service.
3. Certification of Compliance with Applicable Law.
By accessing and using the SitTobi Service, you
certify that you: (1) are at least 18 years of age or the age of majority in
your jurisdiction, whichever is higher, and (2) will comply with all laws and
regulations applicable to your activities conducted through, or related to, the
SitTobi Service.
- For Pet Owners, this means, among other things, that you will
ensure that your pets are vaccinated, licensed, identification-tagged
and/or microchipped as required by local laws or regulations; that you
have obtained and will maintain any mandatory insurance policies
concerning the pets whose care you entrust to Service Providers (and that
such policies will benefit third parties, including Service Providers, to
the same extent they benefit you).
- For Service Providers, this means, among other things, that you
certify that you are legally eligible to provide Pet Care Services in the
jurisdiction where you provide Pet Care Services; that you have complied
and will comply with all laws and regulations that are applicable to you;
that you have obtained all business licenses, business tax registrations,
and permits necessary to legally provide Pet Care Services; and that, when
providing Pet Care Services, you will comply with applicable leash, pet
waste disposal, and similar laws.
You acknowledge that SitTobi is entitled to rely on
these certifications from you, is not responsible to ensure that all users have
complied with applicable laws and regulations, and will not be liable for a
user’s failure to do so.
4. Use of the SitTobi Service; Suspension.
4.1 Your Conduct on the SitTobi Service. When you use the SitTobi Service, you agree:
- To use the SitTobi Service only in a lawful manner and only for its
intended purposes.
- Not to use the SitTobi Service to arrange for the care of: (a)
exotic or inherently dangerous pets such as venomous snakes or
constrictors, primates, wolves or wolf hybrids, non-domesticated cats,
alligators, horses or other livestock; (b) any animal whose ownership or
third-party care is prohibited under applicable law; or (c) any animal
that has a history of, or which has been trained for, attacks on pets or
people.
- Not to submit viruses or other malicious code to or through the SitTobi
Service.
- Not to use the SitTobi Service, or engage with other users of the SitTobi
Service, for purposes that violate the law.
- Not to use the SitTobi Service to arrange for the provision and
purchase of services with another user, then complete transactions for
those services outside of the SitTobi Service.
- Not to use the SitTobi Service for purposes of competing with SitTobi
or to promote other products or services.
- Not to post reviews about Service Providers that aren’t based on
your personal experience, that are intentionally inaccurate or misleading,
or that violate these Terms.
- Not to post content or materials that are pornographic,
threatening, harassing, abusive, or defamatory, or that contain nudity or
graphic violence, incite violence, violate intellectual property rights,
or violate the law or the legal rights (for example, privacy rights) of
others.
- Not to post “spam” or other unauthorized commercial communications.
- To use the SitTobi Service only for your own purposes, and not to
impersonate any other person.
- Not to transfer or authorize the use of your account for the SitTobi
Service by any other person, or to engage in fraudulent transactions.
- Not to provide false information in your profile on, or
registration for, the SitTobi Service, or to create multiple or duplicate
accounts.
- Not to interfere with our provision of, or any other user’s use of,
the SitTobi Service.
- Not to solicit another user’s username and password for the SitTobi
Service or any other sensitive personal information, including bank
details.
4.2 Suspension and Termination. You understand and agree that we have no
obligation to provide the SitTobi Service in any specific location or
territory, nor to continue providing it once we have begun. We reserve the
right to suspend or terminate your access to the SitTobi Service: (1) if in our
discretion your conduct on the Site or SitTobi Service is inappropriate,
unsafe, dishonest, or in breach of these terms; or (2) if necessary in our
discretion to protect SitTobi, its users, pets, or the public. You may suspend
or terminate your use of the SitTobi Service at any time and for any reason. If
you wish to deactivate your account, please contact SitTobi. Note that if you
have any outstanding payment obligations, those will survive suspension or
termination of your account.
5. Registration; Account Security.
In order to use some aspects of the SitTobi
Service, you will be required to create a username, password, and user profile.
If you elect to use the SitTobi Service, you agree to provide accurate
information about yourself and keep this information up-to-date. You agree not
to impersonate anyone else and not to maintain more than one account (or, if SitTobi
suspends or terminates your account, not to create additional accounts). You
are responsible for maintaining the confidentiality of your username and
password for the SitTobi Service and are responsible for all activity under
your account. You agree to notify us promptly of any unauthorized use of your
account.
6. Privacy.
Our collection and use of your personal information
on the SitTobi Service is described in our Privacy Policy. By accessing or
using the SitTobi Service, you acknowledge that you have read and understand
the Privacy Policy.
7. Your Content.
7.1 Your Content.
We may require or allow you (or someone else on your behalf) to submit or
upload text, photographs, images, videos, reviews, information and materials to
your profile on the SitTobi Service or otherwise in connection with using the SitTobi
Service and/or participating in promotional campaigns we conduct on the Site
(collectively, “Your Content”). For example, Service Providers are
invited to create a profile page with a photograph and other information and to
transmit photos of the dogs under their care to Pet Owners, while Pet Owners
may submit reviews of Service Providers.
7.2 License.
Except for the limitations on our use and disclosure of personal information
described in our Privacy Policy, to the maximum extent and duration
permitted under any applicable law, you grant SitTobi an irrevocable,
perpetual, non-exclusive, fully paid worldwide license to use, copy, perform,
publicly display, reproduce, adapt, modify, transmit, broadcast, prepare
derivative works of, and/or distribute Your Content in connection with providing
and/or promoting the SitTobi Service, and to sublicense these rights to third
parties.
7.3 Release.
If your name, voice, image, persona, likeness, or performance is included in
any of Your Content, you hereby waive, and release SitTobi and its users from,
any claim or cause of action, whether known or unknown, for defamation,
copyright infringement, invasion of the rights of privacy, publicity, or
personality, or any similar claim arising out of the use of Your Content in
accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your
Content. You represent and warrant that (1)
you are the owner or licensor of Your Content, and that you have all rights,
consents and permissions necessary to grant the license in Section 7.2 and make
the release in Section 7.3 with respect to Your Content, (2) that you have any
necessary consents and releases from individuals who appear or whose pets
appear in Your Content; and (3) Your Content does not violate the law or these
Terms.
7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve
the right to monitor, screen, edit and/or remove Your Content on the SitTobi
Service. Our enforcement of these Terms with respect to Your Content is at our
discretion, and failure to enforce the Terms in one instance does not create a
waiver of our right to enforce them in another instance. We have no obligation
to retain or provide you with copies of Your Content, nor will we have any liability
to you for any deletion, disclosure, loss or modification to Your Content. It
is your sole responsibility to maintain backup copies of Your Content.
7.6 Reviews.
The SitTobi Service may provide the ability to leave public and/or private
reviews of users or their pets. You acknowledge that even private reviews may
be shared with third parties in accordance with applicable law and our Privacy
Statement and that SitTobi has no obligation to preserve or indefinitely store
any reviews. If you are a Service Provider, we have no obligation to provide
you with the content of any reviews about you submitted by other users of the SitTobi
Service, whether before or after termination of your account for the SitTobi
Service. We will have no liability to you for any deletion, disclosure, loss or
modification of these reviews. We reserve the right to screen, edit or remove
these reviews from the SitTobi Service at any time.
8. Phone, Text and Mobile Communications.
8.1 Consent to Autodialed Text Messages This section 8.1 applies only to users in the
United States. You consent to SitTobi communicating with you about the SitTobi
Service by SMS, text message, email and other electronic means, including
autodialed text messages containing service information and/or marketing
messages, even if your phone number is on the do-not-call list. Your carrier's
normal messaging, data and other rates and fees will apply to these
communications. You are not required to provide this consent to receive
marketing messages as a condition of purchasing anything or using the SitTobi
Service, and you may opt-out of receiving these messages at any time as
described in our Privacy Statement (though you may continue to receive messages
while SitTobi processes your request).
8.2 Phone Number Changes. In the event you deactivate a mobile phone number
provided to us, you agree to update your SitTobi account information promptly
to ensure that messages are not sent to the person who acquires your old
number.
9. Fees & Payment.
9.1 Currency.
All fees, deductible amounts and other payments referenced on, or charged
through, the SitTobi Service are listed and payable in local currency.
9.2 Fees for Pet Owners. Pet Owners may purchase Pet Care Services from a
Service Provider by completing a Booking as described in Section 2.5. If you
are a Pet Owner, you enter into a transaction with the Service Provider when
you accept a Booking, and you agree to pay the total fees indicated in the
Booking. As described in Sections 9.3 and 9.4, the total amount Pet Owners are
charged for a Booking may also include a service fee payable to SitTobi. Where
required by law, the amount charged will also be inclusive of applicable taxes.
The Service Provider, not SitTobi, is responsible for performing the Pet Care
Services.
9.3 Fees for Service Providers. Service Providers may agree to provide Pet Care
Services to a Pet Owner by agreeing to a Booking as described in Section 2.5.
If you are a Service Provider, you must confirm the Booking before it expires
or the Pet Owner will have no obligation to complete the transaction. Once the
Booking is completed by both parties, you agree to honor the price set forth in
your Booking. The purchase of Pet Care Services is a transaction between the
Pet Owner and the Service Provider. SitTobi’s role is to facilitate the
transaction. We will (either directly or indirectly through an authorized third
party) collect payment from the Pet Owner at the time of Booking and (except to
the extent of any payment hold pursuant to Section 9.7) initiate payment to the
Service Provider’s account 48 hours after completion of the service period
indicated in the Booking. Service Providers are charged a service fee as
described in Section 9.4. Where required by law, the amount charged will also
be inclusive of applicable taxes.
9.4 Service Fees.
We charge service fees for some aspects of the SitTobi Service. If you are a
Service Provider, except where otherwise specified via the SitTobi Service, our
service fee is calculated as a percentage of the fees a Pet Owner agrees to pay
to you in a Booking and is collected from each Booking.
9.5 Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree
that, if you fail to retrieve your pet at the end of the service period agreed
in a Booking, you will be charged for additional service time (pro rata for
each partial late day) at the daily rate established in the Booking. In
addition, you agree to indemnify SitTobi from, and agree that we may charge
your credit card or other payment method for, any additional costs and expenses
we or the Service Provider incur as a result of your failure to retrieve your
pet at the end of the service period agreed in a Booking.
9.6 Cancellations & Refunds.
- Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during
the service period identified in the Booking, we will refund the fees paid
by the Pet Owner for Pet Care Services not provided, as well as any
service charge paid to SitTobi. If you are a Service Provider, you can
appoint a substitute Service Provider (as agreed by the Pet Owner and so
long as the substitute has an active account on the SitTobi Service and
has agreed in writing to accept a Booking) by contacting SitTobi to modify
the Booking. If you do not find a substitute and repeatedly cancel
accepted Bookings without justification, SitTobi may terminate your
account.
- Cancellations by Pet Owner. If
a Pet Owner cancels a Booking prior to or during the service period
specified in a Booking, we will refund fees in accordance with the
cancellation policy selected by the Service Provider on the SitTobi
Service. All Service Providers are required to select a cancellation
policy prior to completing a Booking so that Pet Owners are aware of the
cancellation policy prior to Booking. For more information about
cancellation policies, please visit the Contact Page.
- Force Majeure. The cancellation
policies described herein may not apply in the event of certain emergency
situations beyond the control of Service Providers and/or Pet Owners that
make it impossible or impractical to perform agreed Bookings, such as
evacuations resulting from earthquake, hurricane, wildfire, flood, war,
riots or other similar disaster. In such cases SitTobi may, in its
reasonable discretion, issue refunds under terms that vary from a Service
Provider’s selected cancellation policy.
- Refunds for Failure to Perform. If
we determine in our reasonable discretion that a Service Provider has
failed to provide Pet Care Services as agreed with the Pet Owner or is
otherwise in breach of these Terms, then we may, in our reasonable
discretion, cancel a Booking and/or issue a full or partial refund to a
Pet Owner.
- General Terms for Cancellations. If
you wish to cancel a Booking, you should use the mechanisms available
through the SitTobi Service to do so. For purposes of the policies and
terms in this Section 9.6, the date of cancellation is the date that a
user cancels through the SitTobi Service, regardless of any separate
communications between users outside of the SitTobi Service.
- Payment Disputes; Payment Outside of the SitTobi Service. SitTobi initiates payments to Service Providers 48 hours
after completion of a Booking. Once these amounts have been disbursed, any
further payment disputes are between the Pet Owner and Service Provider,
and SitTobi has no obligation to mediate or facilitate any resolution.
Further, SitTobi has no responsibility or liability with respect to any
tips, bonuses, or other payments made outside of the SitTobi Service.
9.7 Payment Holds.
If you are a Service Provider, SitTobi reserves the right to issue a hold on
amounts otherwise payable to you pursuant to Section 9.3 if there is a
reasonable suspicion of fraudulent activity involving your account(s) or for
other similarly compelling reason involving protection of SitTobi, the SitTobi
community or third party rights. We may also recommend that third party payment
service providers restrict your access to funds in your account under the same
circumstances.
9.8 Authorization to Charge. When you pay for Pet Care Services or for other
services on the SitTobi Service, you will be required to provide us with valid,
up-to-date credit card or other payment information and to maintain that
payment information (or an acceptable alternative payment method) on file with
your account so long as you have any outstanding, confirmed Bookings. SitTobi’s
role is to facilitate payments from Pet Owners to Service Providers as limited
payment agent for the Service Provider. You authorize us to charge your credit
card or other payment method for fees you incur on the SitTobi Service as they
become due and payable, and to charge any alternative payment method SitTobi
has on record for you in the event your primary payment method is expired,
invalid, or otherwise not able to be charged. You are responsible for
maintaining up-to-date payment information. If we cannot charge you for fees
when due because your payment information is no longer valid, or if we do not
receive your payment when due, then you understand that neither SitTobi nor the
Service Provider will be responsible for any failure to provide services
associated with those fees. Except as expressly provided in these Terms, all
fees paid via the SitTobi Service are non-refundable once paid.
9.9 Taxes.
Except for taxes on SitTobi’s income and gross receipts or where SitTobi is
otherwise required to collect taxes, you acknowledge that you are solely
responsible to pay any applicable taxes that arise as a result of your purchase,
provision, or use of Pet Care Services via the SitTobi Service. This includes,
without limitation, any form of sales tax, VAT, or income tax on fees paid or
received by you through the SitTobi Service.
9.10 Payment Processing. Payment processing services are provided by
Stripe and subject to the Stripe Services Agreement (available at https://stripe.com/ca/legal),
and, if you are receiving payments via the SitTobi Service, the Stripe
Connected Account Agreement (available at https://stripe.com/ca/connect-account/legal)
(collectively, the “Stripe Terms”). By using the SitTobi Service to receive
payment, you will be asked to set up a Stripe account and accept the Stripe
Terms. You authorize SitTobi to obtain all necessary access to, and perform all
necessary activity on (including requesting refunds where appropriate), your
Stripe Connected Account to facilitate payment related to Pet Care Services you
purchase or provide. You further agree to provide accurate and complete
information about you and your business, and authorize SitTobi to share it and
transaction information with Stripe for the purposes of facilitating the
payment processing services provided by Stripe. SitTobi reserves the right to
switch payment processing vendors or use alternate or backup vendors in its
discretion.
10. Background Checks and Identity Verifications.
SitTobi may provide Service Providers with access
to third party consumer reporting agencies that perform, among other things,
personal identification verification services (“Identity Verification”)
or criminal records checks, sex offender registry checks, motor vehicle records
checks and/or identification verifications (collectively, “Background Checks”).
Outside of the US and Canada, these services are limited to Identity
Verification. We do not provide, and are not responsible or liable in any
manner for, the Background Checks or Identity Verifications, and we do not endorse
or make any representations or warranties regarding the reliability of such
Background Checks or Identity Verifications or the accuracy, timeliness or
completeness of any information in the Background Checks or Identity
Verifications. We do not independently verify information in the Background
Checks or Identity Verifications.
If you undergo a Background Check or Identity
Verification via the SitTobi Service, you hereby consent to the collection, use
and disclosure of the information in the Background Check or Identity
Verification, and you agree to provide complete and accurate information for
your Background Check or Identity Verification. You understand and agree that SitTobi
may, in its sole discretion, review and rely on the information in the Background
Check or Identity Verification in deciding whether to suspend or terminate or
investigate a complaint about a Service Provider, but also that we are not
obligated to do so, and are not responsible or liable in any way in the event
that any information in any Background Check or Identity Verification is not
accurate, timely or complete. If you are the subject of a Background Check or
Identity Verification, you may contact the applicable third-party consumer
reporting agency to dispute the accuracy, timeliness or completeness of such
information. You agree that SitTobi’s rights and obligations under the
Arbitration Agreement inure to the benefit of the consumer reporting agency
used for Background Checks or Identity Verification in respect of any claim that
would be subject to the Arbitration Agreement if brought against us. SitTobi
reserves the right to suspend or terminate your access to the SitTobi Service
based on information in the Background Check or Identity Verification or for
any other reason, or no reason, in our sole discretion.
Pet Owners remain fully responsible to evaluate and
investigate their Service Providers. Be aware of the following
limitations in Background Checks: Except as otherwise expressly provided in
these Terms or through the Service, SitTobi does not automatically run Background
Checks on any Users. Background Checks may vary by type, breadth
and depth. Records not available to third-party Background Check
agencies will not be included in the results. Not all arrest logs
and records, conviction and correction records, sex offender registries and
motor vehicle records are available in all jurisdictions. In many
jurisdictions there is a delay before arrest logs and records, conviction and
correction records, sex offender registries and motor vehicle records are
included in Background Checks. Juvenile records and offenses for
minors may not appear in the public record and are therefore not included in
the results. Dismissed cases, arrests not resulting in convictions,
arrests or convictions in foreign countries and nolle prosequi (abandonment of
prosecution) may not be reported. Traffic violations are not
included unless a jurisdiction reports them as criminal offenses. In
the jurisdictions where traffic violations are reported as criminal offenses,
such traffic violations may be included in the results as misdemeanors or
felonies.
11. Copyright Infringement.
SitTobi follows the procedures of the Digital
Millennium Copyright Act. We will respond to claims of copyright infringement
that are reported in accordance with this Section. It is our policy, in
appropriate circumstances, to deactivate or terminate the access of users who
repeatedly infringe or are repeatedly charged with infringing others’
copyrights or other intellectual property rights.
If you believe in good faith that your copyrighted
work has been infringed by content posted on the SitTobi Service, please
provide our designated copyright agent with a written notice that includes all
of the following information:
- A description of the copyrighted work you believe to have been
infringed;
- A description of the URL or other location on our Site of the
material you believe to be infringing;
- Your name, mailing address, telephone number and email address;
- A statement that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- A statement by you, which you make under penalty of perjury, that
the above information in your notice is accurate, and that you are the
copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act
on behalf of the copyright owner.
Our designated agent for notice of copyright
infringement can be reached at:
SitTobi is a subsidiary of RePUBLIK.
Attention: Copyright Notice
235 INDUSTRIAL PARKWAY SOUTH #14. AURORA, Ontario L4G3N5
info@SitTobi.com
12. Third Party Services, Links.
The SitTobi Service may contain links to third
party websites or resources. You acknowledge and agree that we are not
responsible or liable for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or services on or available from such
websites or resources. Links to such websites or resources do not imply any
endorsement of such websites or resources, or the content, products, or
services available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of any such
websites or resources.
13. Indemnity.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY
APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE
TO DEFEND, INDEMNIFY AND HOLD SITTOBI HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES,
INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY
RELATED TO YOUR: (1) transactions and interactions, online or offline, with
other users of the SitTobi Service; (2) breach of these Terms; (3) disputes with
other users of the SitTobi Service; (4) your misstatements, misrepresentations,
or violation of applicable law; (5) property damage or personal injury to third
parties caused by your pet or pets in your care; (6) Your Content; or (7) your
use of any Background Check or Identify Verification information in violation
of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE
DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE
AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND
YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN
CONSENT.
14. Intellectual Property.
14.1 SitTobi Service. SitTobi and its licensors retain all right, title
and interest in and to the SitTobi Service, the technology and software used to
provide it, all electronic documentation and content available through the SitTobi
Service (other than Your Content), and all intellectual property and
proprietary rights in the SitTobi Service and such technology, software, documentation
and content. Except for your rights to access and use the SitTobi Service set
forth in these Terms, nothing in these Terms licenses or conveys any of our
intellectual property or proprietary rights to anyone, including you. You agree
that we will have a perpetual right to use and incorporate into the SitTobi
Service any feedback or suggestions for improvement that you provide to us
concerning the SitTobi Service, without any obligation of compensation.
14.2 SitTobi Trademarks. SitTobi owns all rights in and to its trademarks,
service marks, brand names and logos (the “SitTobi Marks”). If you are a
Service Provider, SitTobi grants you, for so long as you are in good standing
on the SitTobi Service, a limited, revocable, non-exclusive, non-transferable
license to use the SitTobi Marks solely: (1) in the form incorporated into
goods, including customizable marketing collateral (promo cards, signage etc.),
made available for purchase via the SitTobi Store and/or (2) in any other
manner specifically authorized in writing via the SitTobi Service. As a
condition of exercising such license, you agree that (1) all goodwill
associated with your use of the SitTobi Marks inures solely to the benefit of SitTobi,
and (2) such license immediately terminates upon your ceasing to be a Service
Provider in good standing, whether at your own option or because SitTobi
suspends or terminates your rights to use the SitTobi Service.
15. Warranty Disclaimer for the SitTobi Service.
The information and materials found on the SitTobi
Service, including text, graphics, information, links or other items, are
provided "as is" and "as available." Reviews, profiles,
advice, opinions, statements, offers, or other information or content made
available through the SitTobi Service, but not directly by SitTobi, are those
of their respective authors, who are solely responsible for such content. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITTOBI DOES NOT: (1) WARRANT
THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE SITTOBI
SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SITTOBI;
(3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER
VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR
REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITTOBI SERVICE WILL BE CORRECTED. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, SITTOBI EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITTOBI SERVICE,
AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND
WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE
PROVIDER THAT OFFERS PET CARE SERVICES VIA THE SITTOBI SERVICE.
16. Limitation of Liability.
16.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable
law, in no event will SitTobi be liable to you for any indirect, special,
incidental, or consequential damages, or for any business losses, or loss of
profit, revenue, contracts, data, goodwill or other similar losses or expenses
that arise out of or relate to the use of or inability to use the SitTobi
Service, including without limitation damages related to any information
received from the SitTobi Service, removal of your profile information or
review (or other content) from the SitTobi Service, any suspension or
termination of your access to the SitTobi Service, or any failure, error,
omission, interruption, defect, delay in operation or transmission of the SitTobi
Service, even if we are aware of the possibility of any such damages, losses or
expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
16.2 Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO
EVENT WILL SITTOBI’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY
MATTER ARISING FROM OR RELATING TO THE SITTOBI SERVICE OR THESE TERMS EXCEED
THE AMOUNTS PAID BY YOU TO SITTOBI (SPECIFICALLY EXCLUDING AMOUNTS PAID TO
SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE
RISE TO LIABILITY OR, IF YOU HAVE NOT PAID SITTOBI FOR THE USE OF ANY SERVICES,
THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY). (Any financial
obligations SitTobi may have to its users in connection with user conduct are
limited to the reimbursement obligations set forth in the SitTobi Guarantee.)
16.3 No Liability for non-SitTobi Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL SITTOBI BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING
OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SITTOBI
SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY,
DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON
INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE SITTOBI SERVICE, OR
FOR ANY INTERACTIONS WITH OTHER USERS OF THE SITTOBI SERVICE, WHETHER ONLINE OR
OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT
OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR
PET OWNER, YOU AGREE TO RELEASE SITTOBI FROM ALL CLAIMS, DEMANDS AND DAMAGES OF
EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
SUCH DISPUTES, EXCEPT AS SPECIFICALLY SET FORTH IN THE SITTOBI GUARANTEE. IN NO
EVENT WILL SITTOBI BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER
OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
17. Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT
REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SITTOBI AND LIMITS
THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC
AREA, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”). IF YOU
ARE A CONSUMER RESIDING WITHIN THE EUROPEAN ECONOMIC AREA, PLEASE SEE SECTION
18.
17.1 Arbitration Agreement; Claims. This Section 17 is referred to as the
"Arbitration Agreement” in these Terms. Unless you opt out of the
Arbitration Agreement in accordance with the procedure described in Section
17.9 below, you and SitTobi (together, the “Parties”) agree that any and all
disputes or claims that arise between you and SitTobi relating to the SitTobi
Service, interactions with others on the SitTobi Service, and/or these Terms
(including any alleged breach of these Terms) (collectively, “Claims”),
except for Excluded Claims (defined in the following sentence), will be
resolved as set forth in this Arbitration Agreement. As used herein, “Excluded
Claims” means (1) individual claims brought in small claims court (if your
claims qualify), (2) claims arising out of or related to a violation of Section
4.1, above, (3) claims in which either party seeks injunctive or other
equitable relief for the alleged unlawful use of intellectual property
(including, without limitation, copyrights, trademarks, trade names, logos,
trade secrets or patents), and (4) claims that, as a matter of applicable law,
cannot be made subject to arbitration.
17.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement
in accordance with the procedure described in Section 17.9 below, you agree
that any and all Claims (other than Excluded Claims) will be resolved
exclusively on an individual basis through final and binding
arbitration, rather than in a court, in accordance with this
Arbitration Agreement, and your rights in connection with all Claims
(other than Excluded Claims) will be determined by a neutral arbitrator, not by
a judge or jury. The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement. To the extent that the Parties'
dispute involves both timely filed Excluded Claims and other Claims subject to
this Agreement, the Parties agree to bifurcate and stay for the duration of the
arbitration proceedings any such Excluded Claims.
17.3 Prohibition of Class and Representative
Actions and Non-Individualized Relief. YOU
AND SITTOBI AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN
ACCORDANCE WITH SECTION 17.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE
EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE
ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SITTOBI
AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A
PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW),
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S
CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD
RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR
OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF
AWARDED CANNOT AFFECT OTHER SITTOBI SERVICE USERS.
17.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that
you contact us to explain your complaint. Our preference will always be to
resolve complaints amicably and efficiently, without the need for arbitration.
You may contact us via email at info@SitTobi.com or by mail at A Place for SitTobi, Inc.,
Attn: Legal, 2325 Hurontario St, Mississauga, ON, L5A 4K4. If the issue is not
resolved and results in arbitration, we will need to mutually select and agree
upon an arbitrator and the rules and procedures to govern the arbitration.
17.5 Arbitration Procedures. The Parties will try in good faith to mutually
select and agree upon an arbitrator and rules and procedures to govern the
arbitration. If we cannot agree, then the arbitration will be conducted in
English by a neutral arbitrator in accordance with your choice of the JAMS
Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) or the Rules of
the International Center for Dispute Resolution (the “ICDR Rules”), as modified
by this Arbitration Agreement. The rules that apply are those in effect when
arbitration is demanded by either of the Parties. The JAMS Rules are available
at https://www.jamsadr.com/rules-streamlined-arbitration,
and the ICDR Rules are available at https://www.icdr.org/rules_forms_fees, and
both Rules are incorporated in these Terms by reference. You either acknowledge
and agree that you have read and understand the Rules or waive your opportunity
to read the Rules and any claim that the Rules are unfair or should not apply
for any reason. If there is any inconsistency between the Rules and this
Arbitration Agreement, the terms of this Arbitration Agreement will control
unless the arbitrator determines that the application of the inconsistent
Arbitration Agreement terms would not result in a fundamentally fair
arbitration. The arbitrator must also follow the provisions of these Terms as a
court would, including without limitation, the limitation of liability
provisions in Section 16. Although arbitration proceedings are usually simpler
and more streamlined than trials and other judicial proceedings, the arbitrator
can award the same damages and relief on an individual basis that a court can
award to an individual under the Terms and applicable law. The arbitrator shall
submit a decision in writing, specifying the findings of fact and the
conclusions of law on which the decision is based. Decisions by the arbitrator
are binding and enforceable in court and may be overturned by a court only for
very limited reasons.
The arbitration will be held in the county in which
you reside or at another mutually agreed location. If the value of the relief
sought is $10,000 USD (or equivalent in local currency) or less, you or SitTobi
may elect to have the arbitration conducted by telephone or based solely on
written submissions, which election will be binding on you and SitTobi subject
to the arbitrator's discretion to require an in-person hearing, if the
circumstances warrant. Attendance at any in-person hearing may be made by
telephone by you and/or SitTobi, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all
claims in accordance with the laws of the State of Washington (or of England
and Wales if you are located outside of the United States or Canada), including
recognized principles of equity, and will honor all claims of privilege
recognized by law. The arbitrator will not be bound by rulings in prior
arbitrations involving different SitTobi users, but is bound by rulings in
prior arbitrations involving the same SitTobi user to the extent required by
applicable law. As limited by applicable law, these Terms and the applicable
JAMS Rules, the arbitrator will have (1) the exclusive authority and
jurisdiction to make all procedural and substantive decisions regarding a
Claim, including the determination of whether a Claim is arbitrable, and (2)
the authority to grant any remedy that would otherwise be available in court.
17.6 Costs of Arbitration. Payment of all filing, administration, and
arbitrator fees (collectively, the "Arbitration Fees") will be
shared equally by you and SitTobi, except where prohibited by applicable law.
In addition, (1) if you demonstrate to the arbitrator that you are economically
unable to pay your portion of the Arbitration Fees or if the arbitrator
otherwise determines for any reason that you should not be required to pay your
portion of the Arbitration Fees, SitTobi will pay your portion of such fees,
and (2) if you demonstrate to the arbitrator that the costs of arbitration will
be prohibitive as compared to the costs of litigation, SitTobi will pay as much
of the Arbitration Fees as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive. Each party will be solely responsible
for all other fees it incurs in connection with the arbitration, including
without limitation, all attorney fees. In the event the arbitrator determines
the claim(s) you assert in the arbitration to be frivolous, you agree to
reimburse SitTobi for all fees associated with the arbitration paid by SitTobi
on your behalf that you otherwise would be obligated to pay under the JAMS or
ICDR Rules.
17.7 Confidentiality. All aspects of the arbitration proceeding, and
any ruling, decision or award by the arbitrator, will be strictly confidential
for the benefit of all parties.
17.8 Severability.
If any term, clause or provision of this Section 17 is held invalid or
unenforceable, it will be so held to the minimum extent required by law, and
all other terms, clauses and provisions of this Section 17 will remain valid
and enforceable.
17.9 Opt-Out Procedure. You can choose to reject this Arbitration
Agreement by mailing us a written opt-out notice ("Opt-Out Notice")
in accordance with the terms of this Section 17.9. The Opt-Out Notice must be
postmarked no later than 30 days after the date you accept these Terms for the
first time. You must mail the Opt-Out Notice to A Place for SitTobi, Inc.,
Attn: Legal, 2325 Hurontario St, Mississauga, ON, L5A 4K4. The Opt-Out Notice
must state that you do not agree to the Arbitration Agreement and must include
your name, address, phone number, and the email address(es) used to register
for the SitTobi Service to which the opt-out applies. You must sign the Opt-Out
Notice for it to be effective. This procedure is the only way you can opt out
of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the
entire Arbitration Agreement will not apply with respect to you, but the
remainder of these Terms will continue to apply. Opting out of this Arbitration
Agreement has no effect on any previous, other, or future arbitration
agreements that you may have with us. By opting out of binding arbitration, you
are agreeing to resolve Claims (including Excluded Claims) in accordance with
Section 18.
17.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to
the contrary, you agree that if we make any change to this Arbitration
Agreement (other than a change to any notice address or website link provided
herein) in the future, that change will not apply to any claim that was filed
in a legal proceeding against SitTobi prior to the effective date of the change.
Moreover, if we terminate this Arbitration Agreement by removing it from these
Terms, such termination will not be effective until 30 days after the version
of these Terms not containing the Arbitration Agreement is posted to the Site,
and will not be effective as to any claim that was filed in a legal proceeding
against SitTobi prior to the effective date of removal.
18. Governing Law and Jurisdiction.
18.1 For users in the United States and Canada,
these Terms, and any dispute between you and SitTobi, will be governed by the
laws of the State of Washington, without regard to principles of conflicts of
law, except that the Federal Arbitration Act will govern the interpretation and
enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree
otherwise, or except where prohibited by applicable law, in the event that the
Arbitration Agreement is found not to apply to you or to a particular claim or
dispute, you agree that any claim or dispute that arises between you and SitTobi
must be resolved exclusively by a state or federal court located in the State
of Washington. You and SitTobi agree to submit to the personal jurisdiction of
the courts located within Seattle, Washington for the purpose of litigating all
such claims or disputes.
18.2 For users in the EEA (and the United Kingdom
should it no longer be part of the EEA), the laws of England shall govern these
terms, except that if you live in a country outside of England but within the
EEA, certain mandatory applicable laws of your country will apply for your
benefit and protection in addition to or instead of certain provisions of
English law. Any dispute that arises between you and SitTobi must be resolved
by the English courts or the courts in your country if you live in the EEA
outside of England.
18.3 If you are a consumer in the European Economic
Area, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides
information about alternative dispute resolution, which you may use if there is
a dispute that cannot be resolved between you and the relevant party.
19. Miscellaneous.
Nothing in these Terms will be construed as making
either party the partner, joint venturer, agent, legal representative, employer,
worker, or employee of the other. Neither party will have, or hold itself out
to any third party as having, any authority to make any statements,
representations or commitments of any kind, or to take any action, that will be
binding on the other, except as provided for herein or authorized in writing by
the party to be bound. These Terms are non-exclusive and do not prohibit
Service Providers from offering pet care services via other means or third
parties. The invalidity, illegality or unenforceability of any term or
provision of these Terms will in no way effect the validity, legality or
enforceability of any other term or provision of these Terms. In the event a
term or provision is determined to be invalid or unenforceable, the parties
agree to replace such term or provision with a term or provision that is valid
and enforceable and that comes closest to expressing the intention of the
invalid or unenforceable term or provision, and these Terms will be enforceable
as so modified. To the maximum extent possible under applicable local law, this
Agreement will be binding on and will inure to the benefit of the legal
representatives, successors and assigns of the parties hereto.
For questions or concerns about the SitTobi Service
or these Terms, please refer to the SitTobi Contact
Page.